Commission of investigation (Ireland)

In the Republic of Ireland, a commission of investigation is a statutory commission established under the Commissions of Investigation Act 2004 to investigate a matter of "urgent public concern".[1][2] A commission of investigation is a less expensive but less powerful alternative to a tribunal of inquiry.[1][3] Commissions of investigation may take evidence in private, whereas tribunals of inquiry are held in public. In 2017, the Fine Gael-led government planned to have Peter Charleton chair a commission into the Garda whistleblower scandal;[4][5] opposition demands led it to change this to a tribunal.[6]

The Commission to Inquire into Child Abuse had been established in 2000 by a specific Act of the Oireachtas,[7] with further acts passed subsequently to amend its operation.[8] The Commissions of Investigation Act 2004 was intended to provide a template so that further commissions could be established more simply, by statutory instrument after a resolution by the houses of the Oireachtas.

List of Commissions of investigation established under the Commissions of Investigation Act 2004[9]
Statutory instrument(s) Commission Topic of investigation Report (external link)
2005 No.222 Dublin and Monaghan Bombings Dublin and Monaghan bombings MacEntee Report[permanent dead link‍]
2006 No.69 False confession by Dean Lyons to the 1997 Grangegorman killings Birmingham Report
2006 No.137 and 2009 No.117 Child Sexual Abuse Sexual abuse scandal in the Catholic archdiocese of Dublin Murphy Report
2007 No.304 Leas Cross Nursing Home Leas Cross scandal O'Donovan Report
2007 No.371 Death of Gary Douch in Mountjoy Prison McMorrow Report
2010 No.454 and 2010 No.590 Banking Sector Irish banking crisis: Anglo Irish Bank and Irish Nationwide Building Society Misjudging Risk: Causes of the Systemic Banking Crisis in Ireland (Nyberg Report)
2014 No.192 Fennelly Commission Garda phone recordings scandal; Martin Callinan retirement; Garda investigation of death of Sophie Toscan du Plantier[10] Interim Report (Callinan retirement) Final Report (other matters)
2014 No.346 MacLochlainn Commission Fatal shooting by Garda of Real IRA member Ronan MacLochlainn in 1998. Chaired by Mary Rose Gearty.[11] MacLochlainn Report
2015 No.38 Bailieboro Garda District Misconduct allegations contained in the Guerin Report O'Higgins Report
2015 No.57 Mother and Baby Homes Commission Mother and baby homes and county homes between 1922 and 1998.[12] Final Report of the Commission of Investigation into Mother and Baby Homes
2015 No.253 IBRC Commission Certain matters concerning transactions entered into by Irish Bank Resolution Corporation.[13][14] Report on the transaction in relation to Site servPlc and principles and policies within IBRC on interest rates
2017 No.96 (sole member Marjorie Farrelly) Abuses at a foster home in the South-East.[15][16][17] Not yet submitted[18]
  1. ^ a b "Commissions of Investigation & Inquiries". Department of Justice and Equality. Retrieved 8 June 2015.
  2. ^ "Commissions of Investigation Act 2004". Irish Statute Book. Archived from the original on 16 February 2015. Retrieved 17 September 2014.
  3. ^ Beer, Jason (2011-07-28). Public Inquiries. Oxford: OUP. §§12.31–12.36. ISBN 9780199287772.
  4. ^ "Statement by the Tánaiste and Minister for Justice and Equality on the establishment of a Commission of Investigation" (Press release). Dept of Justice and Equality. 8 February 2017. Retrieved 11 February 2017.
  5. ^ "Govt publishes Commission terms of reference". RTÉ.ie. 8 February 2017. Retrieved 11 February 2017.
  6. ^ Bardon, Sarah; Clarke, Vivienne; O'Regan, Michael; O'Halloran, Marie (14 February 2017). "Kenny 'gave wrong information' about Zappone meeting". The Irish Times. Retrieved 14 February 2017.
  7. ^ "Commission To Inquire Into Child Abuse Act, 2000". Irish Statute Book. Retrieved 17 September 2014.
  8. ^ "Commission to Inquire into Child Abuse (Amendment) Act 2005". Irish Statute Book. Retrieved 17 September 2014.
  9. ^ "Legislation Directory: Commissions of Investigations Act 2004". Irish Statute Book. Effects: S. 3(1), Commission of Investigation established. Retrieved 12 June 2015.
  10. ^ McConnell, Daniel (12 June 2015). "What is the Fennelly Commission of Inquiry? - Independent.ie". Irish Independent. Retrieved 12 June 2015.
  11. ^ "Remarks to the Committee on Justice, Defence and Equality by Ms Frances Fitzgerald, TD, Minister for Justice and Equality on the motion seeking approval of the draft Order establishing the Commission of Investigation into the fatal shooting of Ronan Mac Lochlainn by members of the Garda Síochána in the course of an armed robbery in Ashford, Co. Wicklow in May 1998". MerrionStreet.ie. Irish Government. 16 July 2014. Retrieved 17 September 2014.
  12. ^ Book (eISB), electronic Irish Statute. "electronic Irish Statute Book (eISB)". www.irishstatutebook.ie. Retrieved 2022-08-21.
  13. ^ "Taoiseach rules out deadline on IBRC investigation". RTÉ.ie. 8 June 2015. Retrieved 8 June 2015.
  14. ^ "Draft Commission of Investigation (Certain matters concerning transactions entered into by IBRC) Order 2015: Motion (Resumed) (Continued)". Dáil Éireann debates. 10 June 2015. Retrieved 11 June 2015.
  15. ^ "Commission of Investigation (Certain Matters Relative to Disability Service in the South East and Related Matters) (Revised): Motion". Dáil debates. Oireachtas. 9 March 2017. pp. 24–28. Retrieved 10 March 2017.
  16. ^ "Relatives want other cases included in 'Grace' inquiry". RTÉ.ie. 7 March 2017. Retrieved 7 March 2017.
  17. ^ "Government to revise terms of 'Grace' inquiry". RTÉ.ie. 8 March 2017. Retrieved 8 March 2017.
  18. ^ "Full list of the 12 tribunals and commissions of investigation under way". The Irish Times. 9 March 2017. Retrieved 10 March 2017.